Hinzano & another v Ngala (Civil Application 70 of 2020) [2021] KECA 263 (KLR) (3 December 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 263
- Citation
- [2021] KECA 263 (KLR)
- Decided
- 3 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file an appealCoramS. GATEMBU KAIRU, FCIArb
Holding
The application for extension of time to file the appeal is declined and dismissed.
Facts
The applicants and the respondent are brothers who inherited two properties from their late father. The applicants intend to challenge a judgment ordering the partition of the properties equally among the brothers.
Issues
- Whether the applicants were prevented from filing the appeal in time due to the pandemic
- Whether the applicants have demonstrated sufficient reasons for the delay
Reasoning
The applicants did not satisfactorily explain the delay and failed to demonstrate sufficient reasons for the delay. The Supreme Court of Kenya has stated that extension of time is not a right but an equitable remedy available to a deserving party at the discretion of the court.
Outcome
Application dismissed
Orders
- Application for extension of time to file the appeal is declined and dismissed
Authorities cited
Cases cited (2)
- Fakir Mohamed vs. Joseph Mugambi & 2 others [2005] eKLR
- Nicholas Kiptoo Arap Korir Salat vs. IEBC & 7 others, Supreme Court Application No. 16 of 2014[2014] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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